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1960 Supreme(SC) 33

K.C.DAS GUPTA, K.SUBBA RAO, P.B.GAJENDRAGADKAR
Corporation Of The City Of Nagpur – Appellant
Versus
Its Employees, Fulsing Mistry: N. H. Majumdar – Respondent


Advocates:
A.G.Ratnaparkhi, A.V.VISHWANATHA SASTRI, C.B.AGARWAL, H.R.KHANNA, J.B.DADACHAN, P.L.VOHRA, R.H.Dhebar, RAJINDAR NARAIN, RAMESHWAR NATH ROY, S.N.ANDLEY, S.W.Dhabe, Shankar Anand Zinjarde, W.S.Barlingay

Judgment

SUBBA RAO, J. : This batch of three connected appeals raises the question whether and to what extent the activities of the Corporation of the City of Nagpur come under the definition of "industry" in S. 2 (14) of the C. P. and Berar Industrial Disputes Settlement Act, 1947 (hereinafter called the Act).

2. The appellant is the Corporation of the City of Nagpur constituted under the City of Nagpur Corporation Act, 1948 (Madhya Pradesh Act No. 2 of 1950). Disputes arose between the Corporation and the employees in various departments of the Corporation in respect of wage scales, gratuity, provident fund, house rent, confirmation, allowances etc. The Government of the State of Madhya Pradesh by its order dated October 23, 1956, referred the said disputes under S. 39 of the Act to the State Industrial Court, Nagpur and the reference was numbered as Industrial Reference No. 18 of 1956. The appellant filed a statement before the Industrial Court questioning the jurisdiction of that Court, inter alia, on the ground that the Corporation was not an industry as defined by the Act. On February 13, 1957, the Industrial Court made a preliminary order holding that the Corporation was an in




































































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